IMPORTANT NOTICE: THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS REGARDING YOUR USE OF THIS WEBSITE AND SUBSCRIPTION TO OUR NEWSLETTER AND THE LIMITATION OF LIABILITY APPLICABLE TO COMPANY IN THE EVENT OF A DISPUTE BETWEEN YOU AND MERRIFIELD MEDIA, LLC. PLEASE REFER TO THE SECTIONS TITLED “CLASS ACTION WAIVER” AND “MANDATORY ARBITRATION.

GENERAL APPLICATION.  Thank you for choosing to be part of our community at Merrifield Media LLC and/or subscribing to our Newsletter, the Merrifield Home Update. Access and use of this Website or any other applications, social media, or other website owned or maintained by Merrifield Media LLC, an Indiana limited liability company, is governed by the policies, terms and conditions set forth herein below (“Terms of Use”). Merrifield Media LLC is committed to providing our community reliable information, product recommendations, contractor referrals, and home repair and maintenance suggestions based upon accumulated knowledge over many years of experience subject to the limitations set forth in these Terms of Use. If you have questions or concerns about our Terms of Use, please contact us at contact@merrifieldhomeupdate.com. For purposes of these Terms of Use, the following terms shall be given the definitions set forth below:  

Affiliate: shall mean and refer to an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
Company: (referred to as “the Company,” “We,” “Us,” or “Our” ) shall mean and refer to Merrifield Media LLC, with a principal business address located at 410 S. Franklin Road, Suite C, Indianapolis, IN 46219.
Newsletter: shall mean and refer to the Merrifield Home Update, a newsletter published by the Company twice per month or at such other frequency as determined in the sole discretion of Company.  
Service(s): shall mean and refer to the access and information available from our Website and / or our newsletter, Merrifield Home Update.  
Website:  shall mean and refer to Merrifield Home Update, accessible at http://merrifieldhomeupdate.com
You / Your and User: shall collectively mean and refer to the individual or other legal entity on behalf of which such individual is accessing or using this Website, subscribing to our Newsletter, or using any of our Services. 

Please read these Terms of Use carefully before using this Website or subscribing to our Newsletter. Our Newsletter and this Website are made available for your access and use only on the express condition that you agree to the Terms of Use set forth herein. If you do not agree, then do not access this Website or subscribe to our Newsletter., Your access and use of this Website and / or your subscription to our Newsletter signifies your agreement that you understand, accept, and agree to be legally bound by these Terms of Use for any and all Services and information provided by the Company. Any and all business transactions, use of information or Service engaged through this Website or any other Company media applications signifies your acceptance of these Terms of Use. Subscribers to our Newsletter agree to receive emails from Company. Subscription preferences can be changed at any time.   

USER ELIGIBILITY AND TERMINATION OF USE.  In consideration of your use of this Website and / or by subscribing to our Newsletter, or using our Service, you acknowledge and represent that: 1) you are 18 years of age or older and are not prohibited from entering into a contract under Indiana law; 2) all information you provide, as prompted by any forms that you complete on this Website, shall be and remain, true, accurate, current and complete, and you agree to update such information as needed; 3) that these terms and conditions shall be deemed binding upon you and you agree that the Company, in its sole discretion, may terminate or suspend your use of this Website and our Newsletter at any time in its sole discretion, even if access and use is allowed to others. Upon such suspension or termination, you agree to immediately discontinue use of this Website and further agree that Company shall not be liable to you or any third party for any termination or suspension of your access to this Website, our Newsletter, and any Services. Company makes no representation that our Website, Newsletter, or information contained therein may be lawfully viewed or downloaded outside of the United States. Access to Service(s) may not be legal by certain persons or in certain countries and if you access our Service(s) from outside of the United States, you do so at your own risk and are fully responsible for compliance with the applicable laws of your jurisdiction. 
MODIFICATIONS. Company, in its sole discretion, reserves the right to revise any of the content on this Website or in our Newsletters, including, without limitation, the terms, conditions, and policies set forth herein, at any time without further notice to you. Your continued use of this Website after any such changes to these Terms of Use shall mean that you accept those changes. If you do not agree to any new or revised Terms of Use, in whole or in part, then you must cease using our Service(s).

COMPANY LIMITATION OF LIABILITY.  Your use of this Website and / or your subscription to our Newsletter or use of any Service, third-party software or hardware, constitutes your agreement that Company shall not be liable to you for, and you expressly waive and agree to make no claim for, intangible, consequential, incidental, or indirect damages, including, by way of example, loss of use of property, lost profits, loss of business, damage to reputation, business interruption, lost data, loss of privacy, or emotional or mental injury, whether based on warranty, contract, tort, or any other legal theory, regardless of whether Company is advised of such damages. In no event shall Company be liable to you for, and you expressly waive and agree to make no claim for, exemplary or punitive damages, or for statutory minimum damages, treble damages, costs, or attorney fees, or other losses of any kind, related to or arising out of your use of this Website and / or your subscription to our Newsletter or use of any Services. 

INDEMNITY.  To the greatest extent allowed by law, you agree to defend, indemnify and hold Company and its affiliates, officers, directors, employees, representatives, and agents, harmless from any and all liabilities, costs and expenses, including reasonable attorney fees related to or arising from (a) negligent acts or omissions by you in connection with your use of this Website and / or subscription to our Newsletter, use of any Service or information obtained through this Website or our Newsletter, including, but not limited to, your browsing, downloading of any data, use of any material, viruses, malware, and / or computer or electronic malfunctions of any nature; (b) claims for infringement of patents arising from the use of this Website or subscription to our Newsletter or use of any content contained therein; and (c) claims of copyright infringement resulting from the use of this Website or our Newsletter by you other than for its intended purpose.

DISCLAIMER OF WARRANTIES. ALL INFORMATION AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE, SUBSCRIPTION TO OUR NEWSLETTER, AND USE OF OUR SERVICES OR INFORMATION CONTAINED IN THE FOREGOING. COMPANY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, STATUTORY OR OTHERWISE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY PRODUCTS, MERCHANDISE, INFORMATION OR SERVICES PROVIDED THROUGH THIS WEBSITE AND OUR NEWSLETTER.  COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM OR AS A RESULT OF ANY DELAY, OMISSION OR ERROR IN ELECTRONIC TRANSMISSION OR RECEIPT OF ANY SERVICES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS WEBSITE AND OUR NEWSLETTER CONTAINS INFORMATION OBTAINED BY COMPANY FROM INDUSTRY SOURCES DEEMED TO BE RELIABLE BY COMPANY, BUT COMPANY MAKES NO WARRANTY AND DISCLAIMS ALL WARRANTIES AND LIABILITY REGARDING ERRORS AND OMISSIONS, AND IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES OR OTHER INFORMATION CONTAINED IN THE INFORMATIONAL DATABASES ACCESSIBLE THROUGH OR CONTAINED IN THIS WEBSITE AND IN OUR NEWSLETTER. YOU ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO REPRESENTATION AND OFFERS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SERVICE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREIN; (II) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENT NATURE OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE; OR (IV) THAT THE SERVICE, ITS PROVIDERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.

PROPRIETARY RIGHTS / INTELLECTUAL PROPERTY. The entire right, title, and interest in the intellectual property rights and the entire content made available through this Website and / or subscription to our Newsletter or use of any Services, including all copyright, patent, trademark, trade secret or other legal rights (collectively “Content”) shall remain the exclusive property of Company, its affiliates, or third parties. No license or other rights of any kind are granted or conveyed by Company in transmitting or making available proprietary or copyrighted information to you or by your access to this Website, subscription to our Newsletter, or use of Services, except for the limited, personal, nontransferable, revocable license to access and use this Website for the purposes expressly provided pursuant to these Terms of Use. Any use of any Content in contravention of these Terms of Use, is strictly prohibited. Any use any copyrights, trademarks, service marks, patents, trade secrets, or proprietary information that is not expressly approved by Company, in writing, constitutes a violation of these Terms of Use and / or a violation of other laws, and is strictly prohibited.

DIGITAL MILLENNIUM COPYRIGHT ACT.  PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT – The Company respects the intellectual property of others and Users of this Website, subscribers to our Newsletter, and anyone using our Services are required to do the same. If you believe that your copyrighted work has been copied and is accessible on this Website in a way that constitutes copyright infringement, you must notify us by providing sufficient information to allow us to locate the material, including the following information:

1.     The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
2.     A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
3.     Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the web site where it is posted or the name of the book in which it has been published.
4.     Identification of the URL or other specific location on this Website where the material that you claim is infringing is located.
5.     Your name, address, telephone number, and email address.
6.     A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
7.     A statement by you, made under penalty of perjury, that the above information you provide us is accurate and that you are the copyright owner or are authorized to act on the behalf of copyright owner.

The Company address for you to send all notices of claims related to copyright infringement related to this Website or our Newsletter is as follows:

Merrifield Media LLC
410 S. Franklin Road, Suite C
Indianapolis, IN 46219

USE RESTRICTIONS -- INAPPROPRIATE SUBMISSIONS / CONTENT.  You agree that you will not submit any content to this Website that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or otherwise objectionable, and that your submissions to this Website will not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You acknowledge that the actions Company considers inappropriate and grounds for removal of offending material and termination of your access to this Company Website include, but are not limited to, the following:
• Using the Company Website to post any content that is obscene, lewd, lascivious, pornographic, contains nudity or sexual acts, excessively violent, harassing, or otherwise objectionable;
• Using the Company Website to post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information, or assistance in causing or carrying out such violence;
• Using the Company Website to post any content that defames Company or its officers, directors, or employees, or that subjects them to public scorn, ridicule, disparaging remarks, or would in any manner misrepresent the Services offered by Company; 
• Using the Company Website to post any content that violates any copyrights, patents, trademarks, trade secrets, or other intellectual property rights of others;
• Failing to obtain all required permissions when using the Company Website to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws;
• Deleting or altering author attributes, copyright notices, or other copyright management information, unless expressly permitted in writing by the author or owner;
• Using the Company Website in a tortious manner, including the posting of libelous, defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress; or
• Inputting, uploading, or introducing viruses, worms, Trojan horses, time bombs, or other harmful code or computer programming routines that are intended to damage or interfere with, intercept, this Website or Content herein, or that infringes the intellectual property rights of another. 

You agree that you will not disguise the origin of information transmitted through this Website and that you will not place false or misleading information on this Website. You further agree that you will not access any Services, information, application, or software in a manner not expressly permitted by Company. You acknowledge that any submission that you make to the Company Website, including, but not limited to, any photographs or other data of any type or kind, is submitted voluntarily and without restrictions.  You further agree that Company shall have the unrestricted and unlimited right to delete or destroy, or to publish and use any such submission, in any manner that Company chooses, as determined in the sole discretion of Company. Company may revise the foregoing acceptable use policies, without prior notice. Any such changes shall be posted by Company on this Website. You shall be responsible for periodically reviewing Company’s online terms and conditions and use policies to apprise yourself of any changes thereto and you agree to be bound by all such changes.

PRIVACY POLICY. Company respects your concerns about privacy. This privacy notice is to inform you that Company may collect personal information in order to understand your specific needs to serve you better. The type of information that Company may obtain about you includes, not by way of limitation, the following: your name, address, email address, credit card number, telephone number, user name, password, geographic location, payment and other personal information that may be provided to Company for providing Services. By downloading, registering, or using this Website, subscribing to our Newsletter, or by using our Services or any other Company mobile applications or social media sites, you agree to our privacy policy which may change from time to time and your continued use after any such changes shall be deemed an acceptance of those changes. The Company’s comprehensive “Privacy Policy is incorporated and made a binding part of these Terms of Use and can be found here.  [insert link]

LINKS TO OTHER SITES.  Company makes no representations whatsoever about any other website that you may access though a hyperlink on the Company Website. When you access a non-Company Website, please understand that it is independent from Company and that Company has no control over its content. In addition, a hyperlink to a non-Company Website is at your own risk and shall not be construed as an endorsement or acceptance of responsibility for the content or use of the linked site. You must take whatever precautions you deem necessary before you use any hyperlink to access a non-Company Website. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance upon any such content, goods or services available on or through any non-Company Website.

CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, AS A USER OF THE COMPANY WEBSITE, USER OF OUR SERVICES, OR AS A SUBSCRIBER TO OUR NEWSLETTER, YOU EXPRESSLY WAIVE ANY AND ALL RIGHTS TO MAKE A CLAIM FOR DAMAGES AS A CLASS MEMBER IN ANY CLASS ACTION OR AS PART OF A PLAINTIFF GROUP.  YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION.  YOU WILL NOT CONSENT TO THE CONSOLIDATION OF YOUR CLAIMS WITH THE CLAIMS OF ANY OTHER USER OF THIS WEBSITE OR GROUP OF USERS OF THIS WEBSITE OR SUBSCRIBERS TO OUR NEWSLETTER WITHOUT THE EXPRESS WRITTEN CONSENT OF MERRIFIELD MEDIA, LLC. ALL DISPUTES REGARDING THE ENFORCEABILITY OF THIS CLASS ACTION WAIVER SHALL BE DETERMINED BY ARBITRATION PURSUANT TO THE BINDING ARBITRATION PROVISION SET FORTH BELOW.

MANDATORY ARBITRATION.  Your use of the Company Website, use of our Service(s), and / or as a subscriber to our Newsletter, constitutes your express agreement that any and all claims that you may initiate against Company which in any way relate to this Website, our Service(s), or our Newsletter, to any information set forth therein, or in any contract, or other relationship with Company, or to Service(s) provided to you by Company, shall be resolved by mandatory binding arbitration. This arbitration requirement applies to all claims, regardless of the legal theory under which such claim is brought, including claims sounding in equity, contract, tort, strict liability, fraud, or based on any other law or statute. The arbitration shall be conducted in Marion County Indiana under the Consumer Arbitration Rules of the American Arbitration Association and shall be governed by the Federal Arbitration Act. A demand for arbitration shall be made no later than one year after you knew or reasonably should have known of the factual circumstances giving rise to the claim. An arbitration conducted hereunder shall not be consolidated with any other claims by any other person or entity and the Arbitrator’s decision shall be final and binding upon the parties and not subject to appeal. Any dispute regarding or related to the enforceability of this mandatory arbitration provision shall be decided by arbitration. If litigation or arbitration is initiated against Company by you or the entity you represent in violation of these Terms of Use, or if Company initiates or engages in litigation or arbitration against you or the entity you represent to enforce Company’s rights under these Terms of Use, you and / or the entity you represent agree to pay Company’s reasonable litigation / arbitration costs, including attorney fees, incurred in successfully enforcing the Terms of Use set forth herein. This arbitration provision shall survive the termination of your use of this Website, our Service, and the cancellation of your subscription to our Newsletter and shall survive the termination of any contract or other legal relationship you have with Company. This mandatory arbitration provision is a material inducement to Company allowing you to use the Company Website, our Service(s), and to subscribe to our Newsletter.  If you do not agree to this mandatory arbitration provision then you must cease using this Website and you will be prohibited from using any Service provided by the Company.    

GOVERNING LAW / WAIVER OF JURY TRIAL.  These Terms of Use shall be governed and construed in accordance with Indiana law without respect to its conflict of laws principles. All claims and actions arising out of or related to this Agreement shall be subject to binding arbitration in Marion County, State of Indiana, and both Parties hereby waive any jurisdictional or venue defenses available to them. THE PARTIES, AND EACH OF THEM, WAIVE THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY in any action, proceeding, claim, or counterclaim brought by either of them against the other on any matter arising out of or in any way connected with these Terms of Use. You agree that a demand for arbitration shall be made no later than one (1) year after the cause of action has arisen and that any claims made after said one-year time limitation shall be time-barred and subject to dismissal with prejudice. 

SEVERABILITY / INTERPRETATION. Whenever possible, each provision hereof shall be interpreted in such manner as to be effective and valid under applicable law. If any provision herein is held invalid or unenforceable, the remaining terms and provisions shall nevertheless remain in full force and effect and shall be interpreted as though the invalid or unenforceable provision had never been included. These Terms of Use shall be construed without regard to any presumption or rule requiring construction against the party causing these terms to be drafted or prepared. The title and section headings given to each paragraph are for ease of reference only and shall not be relied upon or cited for any other purpose. 

WAIVER. No action or failure to act by Company shall constitute a waiver of any right or duty under these Terms of Use, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach hereunder, except as may be specifically agreed in writing. No waiver of any provision of these Terms of Use shall be effective unless expressly agreed upon by the Company in writing. 

Merrifield Media, LLC – Terms of Use – Issue No. 1 – December 2025.